HC-130J Missionization RFP Final.pdf

NOTICE FOR FILING AGENCY PROTESTS

United States Coast Guard Ombudsman Program It is the policy of the United States Coast Guard (USCG) to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time- consuming litigation. OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the Government Accountability Office (GAO).

Interested parties are encouraged to seek resolution of their concerns within the USCG as an Alternative Dispute Resolution (ADR) forum rather than filing a protest with the GAO or some external forum. Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the Contracting Officer or Ombudsman.

Informal Forum with the Ombudsman. Interested parties who believe a specific USCG procurement is unfair or otherwise defective should first direct their concerns to the applicable Contracting Officer. If the Contracting Officer is unable to satisfy their concerns, interested parties are encouraged to contact the USCG Ombudsman for Agency Protests. Under this informal process the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, Contracting Officer, and solicitation closing date (if applicable).

Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the Contracting Officer through open and frank discussions. If the protester’s concerns are unresolved, an Independent Review is available by the Ombudsman.

The protester may file a formal agency protest to either the Contracting Officer or as an alternative to that, the Ombudsman under the OPAP program.

Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in writing to be in the best interest of the Government. The agency’s goal is to resolve protests in less than 35 calendar days from the date of filing.

Protests shall include the information set forth in FAR 33.103(d) (2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. To be timely protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program should be submitted electronically to OPAP@uscg.mil and the Contracting Officer or by hand delivery to the Contracting Officer.

Election of Forum. After an interested party protests a USCG procurement to the Contracting Officer or the Ombudsman, and while the protest is pending, the protester agrees not to file a protest with the GAO or other external forum. If the protest is filed with an external forum, the agency protest will be dismissed.

The Ombudsman Hotline telephone number is 202-372-3695.

SECTION B Page 2

SOLICITATION: 70Z02322R2DA00100

PART 1 –SCHEDULE

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

The Government contemplates award of a Firm Fixed Price contract resulting from this solicitation.

CONTRACT LINE ITEM NUMBER (CLIN)

The Government intends to obligate funding for two (2) CLINs. The first CLIN, 0001, with be for Production, Installation & Delivery of the MINOTAUR Mission System Suite (MSS+) and C-130J Block Upgrade (BU) 8.1 simultaneously installed on a USCG C-130J. The second CLIN, 0002, will be for Production, Installation & Delivery of the MINOTAUR Mission System Suite (MSS+) on USCG C-130J with BU 8.1 already installed. CLIN 00001A (Base) will be funded upon contract award. All remaining CLINs are considered Option CLINs, which the Government intends to exercise one, or more, during the period of the contract.

CLIN DESCRIPTION QTY PRICE

00001A

Production, Installation & Delivery of the MINOTAUR Mission System Suite (MSS+) and C-130J Block Upgrade (BU) 8.1 simultaneously installed on aUSCG C-130J (Aircraft 17). Base CLIN.

1 Refer to Attachment J-8

00001B

Production, Installation & Delivery of the Minotaur Mission System Suite (MSS+) and C-130J Block Upgrade (BU) 8.1 simultaneously installed on a USCG C-130J (Aircraft 18) Option CLIN.

1 Refer to Attachment J-8

00002A Production, Installation & Delivery of the Minotaur Mission System Suite (MSS+) on a USCG C-130J with BU 8.1 already installed. (Aircraft 19) Option CLIN.

1 Refer to Attachment J-8

00002B Production, Installation & Delivery of the Minotaur Mission System Suite (MSS+) on a USCG C-130J with BU 8.1 already installed. (Aircraft 20) Option CLIN.

1 Refer to Attachment J-8

00002C Production, Installation & Delivery of the Minotaur Mission System Suite (MSS+) on a USCG C-130J with BU 8.1 already installed. (Aircraft 21) Option CLIN.

1 Refer to Attachment J-8

00002D Production, Installation & Delivery of the Minotaur Mission System Suite (MSS+) on a USCG C-130J with BU 8.1 already installed. (Aircraft 22) Option CLIN.

1 Refer to Attachment J-8

SECTION C Page 1

SECTION C

PERFORMANCE WORK

STATEMENT

SEE SECTION J, ATTACHMENT 1 – PERFORMANCE WORK STATEMENT.

SECTION D Page 1

SECTION D

PACKAGING AND MARKING

RESERVED

SECTION E Page 1

SECTION E

INSPECTION AND ACCEPTANCE

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Also, the full text of the clause may be accessed electronically at this address:

http://www.acquisition.gov/far/

The following is a summary of the applicable FAR clauses incorporated by reference:

NUMBER TITLE DATE

52.246-2 INSPECTION OF SUPPLIES FIXED PRICE AUG-96

52.246-16 RESPONSIBILITY FOR SUPPLIES APR-84

USE OF CONTRACTOR’S INSPECTION EQUIPMENT

The Contractor’s gauges and measuring and testing devices shall be made available for use by the Government when required to determine conformance with contract requirements. If conditions warrant, the Contractor’s personnel shall be made available to operate such devices and to verify their accuracy and condition.

ACCEPTANCE OF MODIFIED AIRCRAFT

The Contractor shall provide personnel to assist the USCG in conducting System Acceptance Tests (SAT) on each MSS+ and BU 8.1 modified aircraft.

Submittal of the final Test Inspection Report for each aircraft shall occur no later than 30 calendar days after completion of Contractor's test.

A fully installed MSS+ and BU 8.1 aircraft for inspection and acceptance purposes shall include:

a) Completion of all system integration, with incomplete items as mutually noted;

b) Completion of all tests and validations, with incomplete items as mutually noted;

c) Completion of aircraft inspection and verification to ensure the modified aircraft meets the USCG

HC-130J MSS+ and BU 8.1 design.

The Contractor shall complete the DD-250 for each modified aircraft immediately following the completion of Systems Acceptance Testing. All known discrepancies and exceptions (items not fully completed or outstanding discrepancies) identified by the Contractor shall be documented on the DD-250.

SOLICITATION 70Z02322R2DA00100

SECTION F Page 6

SECTION F

DELIVERIES

FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Also, the full text of the clause may be accessed electronically at this address:

The following is a summary of applicable FAR clauses incorporated by reference:

52.242-15 STOP-WORK ORDER AUG-89

52.242-17 GOVERNMENT DELAY OF WORK APR-84

52.247-34 F.O.B. DESTINATION NOV-91

52.247-48 F.O.B. DESTINATION – EVIDENCE OF SHIPMENT FEB-99

52.247-55 F.O.B. POINT FOR DELIVERY OF GOVERNMENT JUN-03

FURNISHED PROPERTY

DELIVERY SCHEDULE

Each aircraft modification shall be delivered not later than 12 months from date of induction.

1. For planning purposes, the Government anticipates new C-130J aircraft will be available to the Contractor on or about the following dates:

Aircraft # Induction-Delivery (Dates)

Base CGNR-2017 1 Feb 2024- 29 Feb 2025 Option 1 CGNR-2018 1 Apr 2025- 30 Apr 2026 Option 2 CGNR-2019 1 Feb 2026- 28 Feb 2027 Option 3 CGNR-2020 1 Feb 2027- 28 Feb 2028 Option 4 CGNR-2021 1 Feb 2028- 29 Feb 2029 Option 5 CGNR-2022 1 Feb 2029- 28 Feb 2030

Actual dates of C-130J aircraft availability for induction may vary from the above in which case multiple aircraft may be required to be modified simultaneously.

PLACE OF DELIVERY

Each aircraft modified under this contract shall be delivered to the Government, completely configured for flyaway, at the Contractor’s facility.

EARLY DELIVERY NOTICE

The Contractor is authorized to tender modified aircraft prior to the date in the above schedule. If the Contractor anticipates presenting any modified aircraft for acceptance earlier than 12 months from date of induction, the Contractor shall provide written notice 30 calendar days in advance to the Government.

SECTION G Page 1

SECTION G

CONTRACT ADMINISTRATION DATA

G.1. DEFINITION OF DAYS

Unless otherwise stated, all references to “days” in this solicitation and its associated attachments refer to calendar days.

G.2. AUTHORITY OF GOVERNMENT PERSONNEL

(a) The Contracting Officer is the only person authorized to approve changes in any of the requirements under this contract. In any event, no other individual has the authority to issue any direction under this contract, either technical or otherwise, which constitutes a change to the terms, conditions, price, or delivery schedule of this contract.

(b) The Contracting Officer’s Representative (COR) is responsible for administering the performance of work under this contract. Under no circumstances, however, will any understanding, agreement, modification, change order, or other matter deviating from the terms and conditions of this contract be effective or binding upon the Government unless formalized by proper contractual documents executed by the Contracting Officer prior to completion of the contract.

(c) The COR may give technical direction to the Contractor that fills in details, requires pursuit of certain lines of inquiry, or otherwise serves to facilitate the Contractor’s compliance with the contract. To be valid, technical direction by the COR must be consistent with the general scope of the work set forth in this contract.

G.3. CONTRACT ADMINISTRATION

The following individuals will be administering the contract.

Contracting Officer, Matthew L. Wallace Phone: (202) 475-3198 E-mail: Matthew.L.Wallace@uscg.mil

Contract Specialist, Felicia Barnes Phone: (202) 475-3009 E-mail: Felicia.Barnes@uscg.mil

G.4. PAYMENT AND INVOICE INFORMATION

(a) The Contractor shall provide the following information on all invoices

1. Contract Number, CLIN number, Item & Quantity number, Invoice number, and price being invoiced.

2. Name of the Contracting Officer.

3. Invoice Routing Code (IRC) provided in paragraph (c) below.

4. The contract shall include the requirements specified in FAR Clause 52.232-25, Prompt Payment.

(b) The USCG unique Invoice Routing Code (IRC) for this contract or delivery order is: CG-9127.

(c) Each invoice must be submitted to the designated billing office via one of the following modes listed in descending order of preference:

SECTION G Page 2

1. FINCEN Website invoice receipt form:

http://www.fincen.uscg.mil/centralinv/central_inv_contr.cfm

2. Mailed to: Commercial Invoices

U.S. Coast Guard Finance Center 1430A Kristina Way

Chesapeake, VA 23326

(d) To facilitate processing, all proper invoices and any supporting information submitted electronically using the FINCEN web based invoice submission capability must be submitted as a single Adobe.pdf formatted file, or as otherwise specified in the contract.

(e) Supporting documentation along with a courtesy copy of the invoice shall also be e-mailed to the Contracting Officer and Contract Specialist (CS).

G.5 ADDRESS OF CORRESPONDENCE

All contract correspondence shall be forwarded to the Contracting Officer at the following address:

COMMANDANT (CG-9127)

ATTN: Matthew Wallace

U.S. COAST GUARD STOP 7828

2703 MARTIN LUTHER KING JR AVE SE

WASHINGTON DC 20593-7828

E- mail: Matthew.L.Wallace@uscg.mil

G.6 ACCOUNTING AND APPROPRIATION DATA

G.7 CONTRACTOR REPRESENTATIVE AUTHORIZED TO SIGN DOCUMENTS

Upon execution of the contract, the Contractor shall provide a list to the Contracting Officer which identifies the Contractor representative(s) authorized to sign written communications and/or make obligations on behalf of the Contractor. The list shall specifically contain the following:

http://www.fincen.uscg.mil/centralinv/central_inv_contr.cfm

SECTION G Page 3

(a) Name of the individual authorized to sign Contractor-generated technical data and Contractor management type documentation; and,

(b) Type of documentation each individual is authorized to sign.

(c) Upon addition or deletion of one or more names, the list shall be revised accordingly and the updated list shall be provided to the Contracting Officer.

G.8 SPECIFICATIONS AND STANDARDS

Specifications and Standards are cited in the contract. In the event there are conflicts, inconsistencies or gaps among these standards and specifications, the Contractor shall promptly notify the Government upon discovery of such issues for clarification or resolution. The Contractor shall diligently continue performance of this contract to the maximum extent possible IAW its terms and conditions as construed by the Contractor until the clarification/decision is received from the Government.

G.9 EFFECTIVE ISSUE

Where industry standards or Government specifications are referred to without reference to date or revision number, the issue or revision in effect on the date of RFP release, unless the contract specifies otherwise, shall apply. Where manufacturer’s type, model, or other commercial designation is referred to, the characteristics in effect on the date of submission of the Contractor’s contract proposal shall apply.

Where model numbers or other commercial design actions have been superseded since submission of the proposal, new model numbers or designations may be utilized provided the equipment characteristics associated with the new designation are the same as or superior to those associated with the superseded designation. The Contractor shall indicate Equipment Equivalency in such cases.

SECTION H Page 1

SECTION H

SPECIAL CONTRACT REQUIREMENTS

SECTION I Page 1

PART II – CONTRACT CLAUSES

SECTION I

CONTRACT CLAUSES

I.1 FAR 52.252-2, CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: http://www.arnet.gov/far

The following is the summary of applicable FAR clauses incorporated by reference.

52.202-1 DEFINITIONS JUN-20

52.203-3 GRATUITIES APR-84

52.203-5 COVENANT AGAINST CONTINGENT FEES MAY-14

52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT JUN-20

52.203-7 ANTI-KICKBACK PROCEDURES JUN-20

52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR

ILLEGAL OR IMPROPER ACTIVITY

MAY-14

52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY MAY-14

52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS

JUN-20

52.203-13 CONTRACTOR CODE OF BUSINESS ETHICS AND CONDUCT JUN-20

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND

REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER

RIGHTS

APR-14

52.204-7 SYSTEM FOR AWARD MANAGEMENT OCT-18

52.204-10 REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER

SUBCONTRACT AWARDS

JUN-20

52.204-23 Follow FAR Class Deviation

PROHIBITION ON CONTRACTING FOR HARDWARE, SOFTWARE,

AND SERVICES DEVELOPED OR PROVIDED BY KASPERSKY LAB

JUN-18

52.204-25 Follow Class Deviation 20-

PROHIBITION ON CONTRACTING FOR CERTAIN

TELECOMUNICATIONS AND VIDEO SURVEILANCE SERVICES OR

EQUIPMENT

JUL-18

52.209-6 PROTECTING THE GOVERNMENT’S INTEREST WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED,

OR PROPOSED FOR DEBARMENT

JUN-20

52.210-1 MARKET RESEARCH JUN-20

52.211-5 MATERIAL REQUIREMENTS AUG-00

52.215-2 AUDIT AND RECORDS – NEGOTIATION JUN-20

52.215-8 ORDER OF–PRECEDENCE – UNIFORM CONTRACT FORMAT OCT-97

52.215-14 INTEGRITY OF UNIT PRICES JUN-20

52.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS OCT-18

52.219-9 SMALL BUSINESS SUBCONTRACTING PLAN, ALT II (OCT-01) SEP-21

52.219-16 LIQUIDATED DAMAGES – SUBCONTRACTING PLAN SEP-21

52.222-3 CONVICT LABOR JUN-03

52.222-20 CONTRACTS FOR MATERIALS, SUPPLIES, ARTICLES, EQUIPMENT

EXCEEDING $15,000

JUN-20

52.222-21 PROHIBITION OF SEGREGATED FACILITIES APR-15

52.222-26 EQUAL OPPORTUNITY SEP-16

52.222-35 EQUAL OPPORTUNITY FOR VETERANS JUL-20

52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES JUL-20

http://www.arnet.gov/far

SECTION I Page 2

52.222-37 52.222-38

EMPLOYMENT REPORTS ON VETERANS

COMPLIANCE WITH VETERANS’ EMPLOYMENT REPORTING

REQUIREMENTS

JUL-20

FEB-16

52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL

LABOR RELATIONS ACT

DEC-10

52.222.50 COMBATING TRAFFICKING IN PERSONS OCT-20

52.222-54 EMPLOYMENT ELIGIBILITY VERIFICATION OCT-15

52.223-6 DRUG-FREE WORKPLACE MAY-01

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING

WHILE DRIVING

JUN-20

52.225-1 BUY AMERICAN – SUPPLIES JAN-21

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES FEB-21

52.227-1 AUTHORIZATION AND CONSENT JUN-20

52.227-2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT

INFRINGEMENT

JUN-20

52.227-14 RIGHTS IN DATA – GENERAL MAY-14

52.229-3 FEDERAL, STATE AND LOCAL TAXES FEB-13

52.232-1 PAYMENTS APR-84

52.232-8 DISCOUNTS FOR PROMPT PAYMENT FEB-02

52.232-11 EXTRAS APR-84

52.232-17 INTEREST MAY-14

52.232-23 ASSIGNMENT OF CLAIMS MAY-14

52.232-25 PROMPT PAYMENT JAN-17

52.232-33 PAYMENT BY ELECTRONICS FUNDS TRANSFER-SYSTEM FOR

AWARD MANAGEMENT

OCT-18

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS JUN-13

52.233-1 DISPUTES MAY-14

52.233-3 PROTEST AFTER AWARD AUG-96

52.233-4 52.242-2

APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM

PRODUCTION PROGRESS REPORTS

OCT-04

APR-91

52.242-13 BANKRUPTCY JUL-95

52.245-1 GOVERNMENT PROPERTY SEP-21

52.245-9 USE AND CHARGES APR-12

52.246-24 LIMITATION OF LIABILITY – HIGH VALUE ITEMS FEB-97

52.249-2

52.249-8

TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED-

PRICE)

DEFAULT (FIXED PRICE SUPPLY OR SERVICE)

APR-12

APR-84

52.251-1 GOVERNMENT SUPPLY SOURCES APR-12

I.2 HOMELAND SECURITY ACQUISITION REGULATION (HSAR)

The following is a summary of applicable regulations incorporated by reference.

3052.203-70 INSTRUCTIONS FOR CONTRACTOR DISCLOSURE OF

VIOLATIONS

SEP-12

3052.204-70 SECURITY REQUIREMENTS FOR UNCLASSIFIED INFORMATION

TECHNOLOGY RESOURCES

JUN-06

3052.205-70 ADVERTISEMENTS, PUBLICIZING AWARDS, AND RELEASE SEP-12

3052.242-72 CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE DEC-03

SECTION I Page 3

SECTION I Page 3

I.3 FAR CLAUSES INCORPORATED IN FULL TEXT

The following is the summary of applicable FAR clauses incorporated by full text.

52.217-7

52.227-21

OPTION FOR INCREASED QUANTITY – SEPARATELY PRICED LINE

ITEM

TECHNICAL DATA DECLARATION, REVISION AND WITHHOLDING

OF PAYMENTS – MAJOR SYSTEMS

MAR-89

MAY14

52.246-18 WARRANTY OF SUPPLIES OF A COMPLEX NATURE MAY-01

OPTION CLIN EXERCISE

The Government may, within the constraints specified within this clause, exercise any of the option contract line items at the prices set forth in Section B of this contract.

The exercise of any Option CLIN is the unilateral right of the Government, and shall be via contract modification executed by the Contracting Officer in accordance with (IAW) FAR 52.217-7, incorporated by reference in Section I.

OPTION CLINS will be exercised 18 months prior to induction of C-130J aircraft.

52.217-7 OPTION FOR INCREASED QUANTITY – SEPARATELY PRICED LINE ITEM

(MAR 1989)

The Government may require the delivery of the numbered line item, identified in the Schedule as an option item, in the quantity and at the price stated in the Schedule. The Contracting Officer may exercise the option by written notice to the Contractor within 30 calendar days. Delivery of added items shall continue at the same rate that like items are called for under the contract, unless the parties otherwise agree.

52.227-21 TECHNICAL DATA DECLARATION, REVISION AND WITHHOLDING OF

PAYMENT MAJOR SYSTEMS (MAY 2014)

(a) Scope of declaration. The Contractor shall provide, IAW 41 U.S.C. 418a (d)(7), the following declaration with respect to all technical data that relate to a major system and that are delivered or required to be delivered under this contract or that are delivered within 3 years after acceptance of all items (other than technical data) delivered under this contract unless a different period is set forth in the contract. The Contracting Officer may release the Contractor from all or part of the requirements of this clause for specifically identified technical data items at any time during the period covered by this clause.

(b) Technical data declaration.

(1) All technical data that are subject to this clause shall be accompanied by the following declaration upon delivery:

SECTION I Page 4

Technical Data Declaration (May 2014)

The Contractor, , hereby declares that, to the best of its knowledge and belief, the technical data delivered herewith under Government contract No. (and subcontract , if appropriate) are complete, accurate, and comply with the requirements of the contract concerning such technical data.

(End of declaration)

(2) The Government may, at any time during the period covered by this clause, direct correction of any deficiencies that are not in compliance with contract requirements. The corrections shall be made at the expense of the Contractor. Unauthorized markings on data shall not be considered a deficiency for the purpose of this clause, but will be treated IAW paragraph (e) of the Rights in Data –General clause included in this contract.

(c) Technical data revision. The Contractor also shall, at the request of the Government, revise technical data that are subject to this clause to reflect engineering design changes made during the performance of this contract and affecting the form, fit, and function of any item (other than technical data) delivered under this contract. The Contractor may submit a request for an equitable adjustment to the terms and conditions of this contract for any revisions to technical data made pursuant to this paragraph.

(d) Withholding of payment.

(1) At any time before final payment under this contract the Contracting Officer may withhold payment as a reserve up to an amount not exceeding $100,000 or 5 percent of the amount of this contract, whichever is less, if in the Contractor fails to—

(i) Make timely delivery of the technical data;

(ii) Provide the declaration required by paragraph (b)(1) of this clause;

(iii) Make the corrections required by paragraph (b)(2) of this clause; or

(iv) Make revisions requested under paragraph (c) of this clause.

(2) The Contracting Officer may withhold the reserve until the Contractor has complied with the direction or requests of the Government or determines that the deficiencies relating to delivered data, arose out of causes beyond the control of the Contractor and without the fault or negligence of the Contractor.

(3) The withholding of any reserve under this clause, or the subsequent payment of the reserve, shall not be construed as a waiver of any Government rights.

(End of Clause)

52.246-18 WARRANTY OF SUPPLIES OF A COMPLEX NATURE (MAY 2001)

(a) Definitions. As used in this clause--

SECTION I Page 5

“Acceptance” means the act of an authorized representative of the Government by which the Government assumes for itself, or as an agent of another, ownership of existing and identified supplies, or approves specific services rendered, as partial or complete performance of the contract.

“Supplies” means the end items furnished by the Contractor and related services required under this contract. The word does not include “data.”

(b) Contractor’s obligations.

(1) The Contractor warrants that for 12 months all supplies furnished under this contract will be free from defects in design material and workmanship and will conform with all requirements of this contract;

provided, however, that with respect to Government-furnished property, the Contractor’s warranty shall extend only to its proper installation, unless the Contractor performs some modification or other work on the property, in which case the Contractor’s warranty shall extend to the modification or other work.

(2) Any supplies or parts thereof corrected or furnished in replacement shall be subject to the conditions of this clause to the same extent as supplies initially delivered. This warranty shall be equal in duration to that set forth in paragraph (b)(1) of this clause and shall run from the date of delivery of the corrected or replaced supplies.

(3) The Contractor shall not be obligated to correct or replace supplies if the facilities, tooling, drawings, or other equipment or supplies necessary to accomplish the correction or replacement have been made unavailable to the Contractor by action of the Government. In the event that correction or replacement has been directed, the Contractor shall promptly notify the Government, in writing, of the non availability.

(4) The Contractor shall also prepare and furnish to the Government data and reports applicable to any correction required (including revision and updating of all affected data called for under this contract) at no increase in the contract price.

(5) All implied warranties of merchantability and “fitness for a particular purpose” are excluded from any obligation contained in this contract.

(c) Remedies available to the Government.

(1) In the event of a breach of the Contractor’s warranty in paragraph (b)(1) of this clause, the Government may, at no increase in contract price –

(i) Require the Contractor, at the Contractor’s plant, to repair or replace, at the Contractor’s election, defective or nonconforming supplies; or

(ii) Require the Contractor to furnish at the Contractor’s plant the materials or parts and installation instructions required to successfully accomplish the correction.

(2) If the Government does not require correction or replacement of defective or nonconforming supplies or the Contractor is not obligated to correct or replace under paragraph (b)(3) of this clause, the Government shall be entitled to an equitable reduction in the contract price.

SECTION I Page 6

(3) The Contracting Officer shall notify the Contractor in writing of any breach of the warranty in paragraph (b) of this clause within 30 calander days after discovery of the defect. The Contractor shall submit to the Government a written recommendation within 10 calendar days as to the corrective action required to remedy the breach. After the notice of breach, but not later than 15 calendar days after receipt of the Contractor’s recommendation for corrective action, the Government may, in writing, direct correction or replacement as in paragraph (c)(1) of this clause, and the Contractor shall, notwithstanding any disagreement regarding the existence of a breach of warranty, comply with this direction. If it is later determined that the Contractor did not breach the warranty in paragraph (b)(1) of this clause, the contract price will be equitably adjusted.

(4) If supplies are corrected or replaced, the period for notification of a breach of the Contractor’s warranty in paragraph (c)(3) of this clause shall be 30 calendar days from the furnishing or return by the Contractor to the Government of the corrected or replaced supplies or parts thereof, or, if correction or replacement is effected by the Contractor at a Government or other activity, for 30 calendar days thereafter.

(5) The rights and remedies of the Government provided in this clause are in addition to and do not limit any rights afforded to the Government by any other clause of the contract.

(End of Clause)

SECTION I Page 7

I.1. HSAR CLAUSES INCORPORATED IN FULL TEXT

The following is the summary of applicable HSAR clauses incorporated by full text:

3052.204-71 CONTRACTOR EMPLOYEE ACCESS SEP-12

3052.209-70 PROHIBITION ON CONTRACTS WITH EXPATRIATES JUN-06

3052.204-71 CONTRACTOR EMPLOYEE ACCESS (SEP 2012)

(a) Sensitive Information, as used in this clause, means any information, which if lost, misused, disclosed, or, without authorization is accessed, or modified, could adversely affect the national or homeland security interest, the conduct of Federal programs, or the privacy to which individuals are entitled under section 552a of title 5, United States Code (the Privacy Act), but which has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense, homeland security or foreign policy. This definition includes the following categories of information:

(1) Protected Critical Infrastructure Information (PCII) as set out in the Critical Infrastructure Information Act of 2002 (Title II, Subtitle B, of the Homeland Security Act, Public Law 107-296, 196 Stat. 2135), as amended, the implementing regulations thereto (Title 6, Code of Federal Regulations, Part 29) as amended, the applicable PCII Procedures Manual, as amended, and any supplementary guidance officially communicated by an authorized official of the Department of Homeland Security (DHS) (including the PCII Program Manager or his/her designee);

(2) Sensitive Security Information (SSI), as defined in Title 49, Code of Federal Regulations, Part 1520, as amended, “Policies and Procedures of Safeguarding and Control of SSI,” as amended, and any supplementary guidance officially communicated by an authorized official of the DHS (including the Assistant Secretary for the Transportation Security Administration or his/her designee);

(3) Information designated as “For Official Use Only,” which is unclassified information of a sensitive nature and the unauthorized disclosure of which could adversely impact a person’s privacy or welfare, the conduct of Federal programs, or other programs or operations essential to the national or homeland security interest; and

(4) Any information that is designated “sensitive” or subject to other controls, safeguards or protections IAW subsequently adopted homeland security information handling procedures.

(b) “Information Technology Resources” include, but are not limited to, computer equipment, networking equipment, telecommunications equipment, cabling, network drives, computer drives, network software, computer software, software programs, intranet sites, and internet sites.

(c) Contractor employees working on this contract must complete such forms as may be necessary for security or other reasons, including the conduct of background investigations to determine suitability.

Completed forms shall be submitted as directed by the Contracting Officer. Upon the Government's request, the Contractor's employees shall be fingerprinted, or subject to other investigations as required.

All Contractor employees requiring recurring access to Government facilities or access to sensitive information or IT resources are required to have a favorably adjudicated background

SECTION I Page 8 investigation prior to commencing work on this contract unless this requirement is waived under Departmental procedures.

(d) The Government may require the Contractor to prohibit individuals from working on the contract if the Government deems their initial or continued employment contrary to the public interest for any reason, including, but not limited to, carelessness, insubordination, incompetence, or security concerns.

(e) Work under this contract may involve access to sensitive information. Therefore, the Contractor shall not disclose, orally or in writing, any sensitive information to any person unless authorized in writing by the Contracting Officer. For those Contractor employees authorized access to sensitive information, the Contractor shall ensure that these persons receive training concerning the protection and disclosure of sensitive information both during and after contract performance.

(f) The Contractor shall include the substance of this clause in all subcontracts at any tier where the subcontractor may have access to Government facilities, sensitive information, or resources.

(g) Before receiving access to IT resources under this contract the individual must receive a security briefing, which the COR will arrange, and complete any nondisclosure agreement furnished by DHS.

(h) The Contractor shall have access only to those areas of DHS information technology resources explicitly stated in this contract or approved by the COR in writing as necessary for performance of the work under this contract. Any attempts by Contractor personnel to gain access to any information technology resources not expressly authorized by the performance work statement, other terms and conditions in this contract, or as approved in writing by the COR, is strictly prohibited. In the event of violation of this provision, DHS will take appropriate actions with regard to the contract and the individual(s) involved.

(i) Contractor access to DHS networks from a remote location is a temporary privilege for mutual convenience while the Contractor performs business for the DHS Component. It is not a right, a guarantee of access, a condition of the contract, or Government Furnished Equipment (GFE).

(j) Contractor access will be terminated for unauthorized use. The Contractor agrees to hold and save DHS harmless from any unauthorized use and agrees not to request additional time or money under the contract for any delays resulting from unauthorized use or access.

(k) Non-U.S. citizens shall not be authorized to access or assist in the development, operation, management or maintenance of Department IT systems under the contract, unless a waiver has been granted by the Head of the Component or designee, with the concurrence of both the Department’s Chief Security Officer (CSO) and the Chief Information Officer (CIO) or their designees. Within DHS Headquarters, the waiver may be granted only with the approval of both the CSO and the CIO or their designees. In order for a waiver to be granted:

(1) There must be a compelling reason for using this individual as opposed to a U. S. citizen; and

(2) The waiver must be in the best interest of the Government.

(l) Contractors shall identify in their proposals the names and citizenship of all non-U.S. citizens proposed to work under the contract. Any additions or deletions of non-U.S. citizens after contract award shall also be reported to the Contracting Officer.

SECTION I Page 9

(End of clause)

3052.209-70 PROHIBITION ON CONTRACTS WITH CORPORATE EXPATRIATES (JUN

2006)

a) Prohibitions.

Section 835 of the Homeland Security Act, 6 U.S.C. 395, prohibits the DHS from entering into any contract with a foreign incorporated entity which is treated as an inverted domestic corporation as defined in this clause, or with any subsidiary of such an entity. The Secretary shall waive the prohibition with respect to any specific contract if the Secretary determines that the waiver is required in the interest of national security.

(b) Definitions. As used in this clause:

Expanded Affiliated Group means an affiliated group as defined in section 1504(a) of the Internal Revenue Code of 1986 (without regard to section 1504(b) of such Code), except that section 1504 of such Code shall be applied by substituting `more than 50 percent' for `at least 80 percent' each place it appears.

Foreign Incorporated Entity means any entity which is, or but for subsection (b) of section 835 of the Homeland Security Act, 6 U.S.C. 395, would be, treated as a foreign corporation for purposes of the Internal Revenue Code of 1986.

Inverted Domestic Corporation. A foreign incorporated entity shall be treated as an inverted domestic corporation if, pursuant to a plan (or a series of related transactions)—

(1) The entity completes the direct or indirect acquisition of substantially all of the properties held directly or indirectly by a domestic corporation or substantially all of the properties constituting a trade or business of a domestic partnership;

(2) After the acquisition at least 80 percent of the stock (by vote or value) of the entity is held—

(i) In the case of an acquisition with respect to a domestic corporation, by former shareholders of the domestic corporation by reason of holding stock in the domestic corporation; or

(ii) In the case of an acquisition with respect to a domestic partnership, by former partners of the domestic partnership by reason of holding a capital or profits interest in the domestic partnership; and

(3) The expanded affiliated group which after the acquisition includes the entity does not have substantial business activities in the foreign country in which or under the law of which the entity is created or organized when compared to the total business activities of such expanded affiliated group.

Person, domestic, and foreign have the meanings given such terms by paragraphs (1), (4), and (5) of section 7701(a) of the Internal Revenue Code of 1986, respectively.

(c) Special rules. The following definitions and special rules shall apply when determining whether a foreign incorporated entity should be treated as an inverted domestic corporation.

SECTION I Page 10

(1) Certain stock disregarded. For the purpose of treating a foreign incorporated entity as an inverted domestic corporation these shall not be taken into account in determining ownership:

(i) Stock held by members of the expanded affiliated group which includes the foreign incorporated entity; or

(ii) Stock of such entity which is sold in a public offering related to an acquisition described in section 835(b)(1) of the Homeland Security Act, 6 U.S.C. 395(b)(1).

(2) Plan deemed in certain cases. If a foreign incorporated entity acquires directly or indirectly substantially all of the properties of a domestic corporation or partnership during the 4-year period beginning on the date which is 2 years before the ownership requirements of subsection (b)(2) are met, such actions shall be treated as pursuant to a plan.

(3) Certain transfers disregarded. The transfer of properties or liabilities (including by contribution or distribution) shall be disregarded if such transfers are part of a plan a principal purpose of which is to avoid the purposes of this section.

(d) Special rule for related partnerships. For purposes of applying section 835(b) of the Homeland Security Act, 6 U.S.C. 395(b) to the acquisition of a domestic partnership, except as provided in regulations, all domestic partnerships which are under common control (within the meaning of section 482 of the Internal Revenue Code of 1986) shall be treated as a partnership.

(e) Treatment of Certain Rights.

(1) Certain rights shall be treated as stocks to the extent necessary to reflect the present value of all equitable interests incident to the transaction, as follows:

(i) warrants;

(ii) options;

(iii) contracts to acquire stock;

(iv) convertible debt instruments; and

(v) others similar interests.

(2) Rights labeled as stocks shall not be treated as stocks whenever it is deemed appropriate to do so to reflect the present value of the transaction or to disregard transactions whose recognition would defeat the purpose of Section 835.

(f) Disclosure. The Offeror under this solicitation represents that [Check one]:

it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003;

SECTION I Page 11 it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it has submitted a request for waiver pursuant to 3009.108-7004, which has not been denied; or it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to the criteria of (HSAR) 48 CFR 3009.108-7001 through 3009.108-7003, but it plans to submit a request for waiver pursuant to 3009.108-7004.

(g) A copy of the approved waiver, if a waiver has already been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal.

(End of provision)

SECTION J Page 1

PART III – LIST OF DOCUMENTS

SECTION J

ATTACHMENTS

The following are hereby incorporated:

TITLE DATE

1 Performance Work Statement January 2021 2 MSS+ and BU 8.1 Technical Data Package March 2021 3 List of Government Furnished Equipment (GFE) /

Government Furnished Information (GFI) August 2021

4 List of Applicable Maintenance Procedure Cards (MPC) February 2021 5 USCG HC-130J Paint Specification Updated Quarterly 6 USCG HC-130J Time Compliance Technical Orders (TCTO) February 2021 7 DD Form 250 January 2021 8 Minotaur Missionization Pricing Sheet December 2021 9 Contract Deliverable Requirements List (CDRL) January 2021

10 Past Performance Report Form N/A 11 Aircraft Long Term Storage Procedures N/A 12 Reserved – Approved Subcontracting Plan TBD 13 DD Form 254 N/A 14 MSS Test Plan and Test Procedures N/A

* The Government will provide Offerors with the MSS+ and BU 8.1 Technical Data Package (Attachment 2 and 3) upon request. Additional information and instructions on how to obtain these Attachments will be provided in the Federal Business Opportunity (FBO) posting.

SECTION K Page 1

PART IV – REPRESENTATIONS AND INSTRUCTIONS

SECTION K

REPRESENTATIONS & CERTIFICATIONS

K.1. CLAUSES

FAR CLAUSES INCORPORATED BY REFERENCE

The following applicable FAR clauses are hereby incorporated by reference:

52.204-19 52.225-25

INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS

PROHIBITION ON CONTRACTING WITH ENTITIES IN CERTAIN

ACTIVITIES OR TRANSACTIONS RELATING TO IRAN –

REPRESENTATIONS AND CERTIFICATIONS

DEC-14

JUN-20

FAR CLAUSES INCORPORATED BY FULL TEXT

The following applicable FAR clauses are hereby incorporated by full text:

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS SEP-21

52.209-7 52.215-6

INFORMATION REGARDING RESPONSIBILITY MATTERS

PLACE OF PERFORMANCE

OCT-18

OCT-97

52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS FEB-99

52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (Sep 2021)

(a) (1) The North American Industry classification System (NAICS) code for this acquisition is 336411.

(2) The small business size standard is 1,500.

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b) (1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the provision at 52.204-7 is not included in this solicitation, and the Offeror is currently registered in the System for Award Management (SAM), and has completed the Representations and Certifications section of SAM electronically, the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certification in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

[X] (i) Paragraph (d) applies.

[_] (ii) Paragraph (d) does not apply and the Offeror has completed the individual representations and certifications in the solicitation.

(c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

SECTION K Page 2

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $150,000.

(iv) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to solicitations that—

(A) Are not set aside for small business concerns;

(B) Exceed the simplified acquisition threshold; and

(C) Are for contracts that will be performed in the United States or its outlying areas.

(v) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation.

(vi) 52.209-5, Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(viii) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government.

(ix) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the USCG.

(xi) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-25, Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xiii) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xvi) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1.

(xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan—Certification. This provision applies to all solicitations.

(xx) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations.

(2) The following certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

(i) 52.204-17, Ownership or Control of Offeror.

(ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(iii) 52.222-48, Exemption from Application of the Service Contract Labor Standards to

Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Certification.

(iv) 52.222-52, Exemption from Application of the Service Contract Labor Standards to

Contracts for Certain Services-Certification.

(v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for

EPA–Designated Products (Alternate I only).

(vi) 52.227-6, Royalty Information.

(A) Basic.

(B) Alternate I.

(vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through https://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of the offer that the representations and certifications http://www.acquisition.gov/far/current/html/52_200_206.html%23wp1137684 http://www.acquisition.gov/far/current/html/52_200_206.html%23wp1149919 http://www.acquisition.gov/far/current/html/52_207_211.html%23wp1144766 http://www.acquisition.gov/far/current/html/52_207_211.html%23wp1144909 http://www.acquisition.gov/far/current/html/52_215.html%23wp1144523 http://www.acquisition.gov/far/current/html/52_217_221.html%23wp1135900 http://www.acquisition.gov/far/current/html/52_222.html%23wp1147663 http://www.acquisition.gov/far/current/html/52_222.html%23wp1147711 http://www.acquisition.gov/far/current/html/52_222.html%23wp1147704 http://www.acquisition.gov/far/current/html/52_222.html%23wp1147711 http://www.acquisition.gov/far/current/html/52_222.html%23wp1148142 http://www.acquisition.gov/far/current/html/52_223_226.html%23wp1169013 http://www.acquisition.gov/far/current/html/52_223_226.html%23wp1192900 http://www.acquisition.gov/far/current/html/52_223_226.html%23wp1192900 http://www.acquisition.gov/far/current/html/52_223_226.html%23wp1181379 http://www.acquisition.gov/far/current/html/52_223_226.html%23wp1188714 http://www.acquisition.gov/far/current/html/52_200_206.html%23wp1152369 http://www.acquisition.gov/far/current/html/52_222.html%23wp1160855 http://www.acquisition.gov/far/current/html/52_222.html%23wp1152427 http://www.acquisition.gov/far/current/html/52_222.html%23wp1162560 http://www.acquisition.gov/far/current/html/52_223_226.html%23wp1168892 http://www.acquisition.gov/far/current/html/52_227.html%23wp1139116 http://www.acquisition.gov/far/current/html/52_227.html%23wp1145584 https://www.acquisition.gov/

SECTION K Page 3 currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201);

except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR CLAUSE # TITLE DATE CHANGE

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM.

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

(a) Definitions. As used in this provision—

“Administrative proceeding” means…